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20 June 2014 / Dan Tench
Issue: 7611 / Categories: Features , Data protection , Freedom of Information
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Slipping the net

Dan Tench assesses the implications of the right to be forgotten ruling in Google Spain

It has become a regular aspect of modern life to use internet search engines to look for and collate biographical information relating to other people. The purpose of such searches can range from commercial interest to journalistic investigation to idle curiosity.

Search engines called into question

The judgment from the Court of Justice of the European Union (CJEU) on 13 May in Google Spain [2014] EUECJ C-131/12 called into question the legality of European-established search engines collating personal information and then facilitating such searches.

The case arose after a complaint that was brought against Google (that is the Spanish subsidiary and the US parent company) by a Spanish man, Sr Mario Costeja González, to the Spanish Data Protection Authority, the AEPD. His complaint related to the continued availability of information regarding certain unpaid debts that was published in a newspaper in Spain in the late 1990s including in its online version (where it continued to be available). The information featured prominently in any Google search conducted in Sr

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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